Robin L. Miller Construction Co. v. Coltran

— Following the Legislature’s amendment to the homestead act, Robin L. Miller Construction Co., Inc., (RMC) made a second attempt to obtain a writ of execution upon the Hyppas’ property. The trial court denied its motion to appoint an appraiser, a prerequisite to executing on the property. RMC appeals, arguing that the trial court erred in denying the motion because (1) there is no evidence in the record that the Hyppas’ homestead will be impaired by issuing a writ of execution, (2) that the amended homestead act applies retroactively, (3) the homestead act allows more than one attempt to…